Family law

Grandparents' Rights

When a relationship breaks up, sometimes grandparents are left with no access to their grandchildren. As family solicitors working with clients in Essex and Suffolk, Prettys can help grandparents in this situation, offering mediation services as well as legal advice.

Do I have a right to see my grandchildren?

The court does recognise the importance of an on-going relationship between grandparents and grandchildren.

How do I see my grandchildren if their parent(s) won’t allow it?

You may start by suggesting that you and the parent(s) try a discussive approach such as our Talking Worksservice so that you can explain how important it is for you to continue to see your grandchildren and so you can understand their objections. It may be that with time, effort and communication an agreement can be reached.

An amicable discussion failed; now what?

You can apply to court for a child arrangements Order. You do not have an automatic right to apply to the court because you are not a parent and so you will have to apply to the court for permission to bring your application. Applications for permission are normally successful if there does not appear to be an obvious risk to the child. You will need to have considered the suitability of the problem for mediation services first.

I have only fallen out with one parent; do I name them both in my application?

You name all persons with parental responsibilityfor the child, so normally both parents, whether you are experiencing difficulties with one or both.

What can I expect as an outcome?

Keep your expectations reasonable and realistic. Remember that the child has school and social activities, as well as time to spend with parents. Grandparent applications tend to succeed where what is being sought is simple and can be slotted into the child’s normal routine – tea once a week or once a month; a weekend visit; a day out etc.

What should I do next?

Contact our Family Solicitors on 01473 232121, request a call back from the team here or e-mail us here.